NOLLY v. STATE

6 Div. 893.

43 So.2d 841 (1950)

NOLLY v. STATE.

Court of Appeals of Alabama.

January 10, 1950.


Attorney(s) appearing for the Case

Geo. S. Brown and Brown & Gordon, of Birmingham, for appellant.

A. A. Carmichael, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for the State.


CARR, Judge.

The defendant below was convicted of larceny from the person. Title 14, Sec. 331, Code 1940.

The property alleged to have been stolen was a pistol of the value of $18.00.

It appears that the indictment was returned in January 1941 and the defendant was not arrested until November 1948. His trial followed in February 1949.

The accused moved the court to dismiss the prosecution and order his discharge, the contention being that,...

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